Think your nonprofit's old emails and files are harmless? Think again. What you keep — and what you don't — could save or sink your organization.

It's Jess Birken here, and I'm back with my co-host Meghan tackling a topic that sounds boring but is way more important than you think: data retention policies and how they protect your nonprofit.

Real Listener Question: "I work at a nonprofit that serves trans youth. If the government starts targeting nonprofits, what can we do now to prepare and protect our data?"

If your organization collects sensitive participant info, donor data, or internal records, what you hold onto could be putting you at risk. From lawsuits to government inquiries, the wrong data strategy can leave you vulnerable. Meghan and I dive into why your nonprofit needs a data retention policy, what you should keep, what you should delete, and how to plan for changing political climates without panicking.

What You'll Learn:

• Why keeping everything forever could actually make your organization less safe
• The seven-year rule of thumb for retaining records (and when to go shorter or longer)
• How to protect sensitive participant data in politically charged mission areas
• What to do before you purge anything — and the legal traps to avoid
• How to set up a "threat-level" data plan when government scrutiny ramps up
• Why email hoarding could come back to bite you and how to clean it up smartly

Bottom line: Your data is both an asset and a liability. A clear data retention policy protects your nonprofit, your people, and your mission — and the best time to start is now.

Resources from this Episode

• Listen to Episode 89 to learn about conflicts of interest: https://birkenlaw.com/charity-therapy-podcast/ct089/
• Get a data retention policy for nonprofits here: https://birkenlaw.com/data
• Use our data retention policy app here: https://birkenlaw.com/mg-document-app/records-retention-policy/
• Previous Episode: Breaking Down the IRS Changes for 501(c)(3) Status for Churches: https://birkenlaw.com/charity-therapy-podcast/ct145/
• Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/08/CT146_Transcript.pdf

Connect with Us

• Jess Birken: https://www.linkedin.com/in/jessbirken/
• Meghan Heitkamp: https://www.linkedin.com/in/meghan-heitkamp-829254115/

Listen & Engage

• Listen on Apple Podcasts | Spotify | YouTube | Amazon Music
• Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review"
• Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story

Stay Connected

• Sign up for the Birken Law Email list: https://birkenlaw.com/signup/
• Follow us on Facebook, Instagram, Twitter

If your business is struggling, can you save it by turning it into a nonprofit? Short answer: probably not.

It's Jess Birken here, and I'm back with my co-host Meghan tackling a super common question from business owners who think running a nonprofit might be an easier path.

Real Listener Question: "I'm an instructor at a small figure skating school. It's been around for 30 years, but we're not making ends meet. The current owner doesn't want to run it anymore. Can we convert it into a nonprofit so we don't have to make a profit or have an owner?"

We hear this one a lot. A business isn't working, and people assume nonprofit status will solve everything. I mean, it's right in the name – you don't have to make a profit, right?! Meghan and I walk through why this logic doesn't hold up, the realities of converting to nonprofit status (hint: you can't), and what it really takes to start and sustain a nonprofit. If you're dreaming about skipping taxes and raking in grants, this episode will help you get real about what actually works.

What You'll Learn:

• Why you can't convert a for-profit business into a nonprofit
• What nonprofit status actually means and why it's not a business model
• Why fundraising isn't a magic solution
• How conflicts of interest complicate nonprofit governance
• What to do before starting a nonprofit if you're serious about it
• Why starting a nonprofit requires a plan, not just a tax filing
• What to think about if your org isn't financially viable right now

Bottom line: Nonprofit status isn't a quick fix. If your current business model isn't working, you need to solve that problem first — not just switch IRS categories and hope for the best.

Resources from this Episode

• Listen to Episode 89 to learn about conflicts of interest: https://birkenlaw.com/charity-therapy-podcast/ct089/

• Check out my friend Steve Boland's podcast at Next In Nonprofits: https://www.nextinnonprofits.com/podcast/

• Previous Episode: Breaking Down the IRS Changes for 501(c)(3) Status for Churches: https://birkenlaw.com/charity-therapy-podcast/ct144/

• Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/08/CT145_Transcript.pdf

Connect with Us

• Jess Birken: https://www.linkedin.com/in/jessbirken/

• Meghan Heitkamp: https://www.linkedin.com/in/meghan-heitkamp-829254115/

Listen & Engage

• Listen on Apple Podcasts | Spotify | YouTube | Amazon Music

• Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review"

• Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story

Stay Connected

• Sign up for the Birken Law Email list: https://birkenlaw.com/signup/

• Follow us on Facebook, Instagram, Twitter

Have you heard? The IRS just gave churches the green light to endorse political candidates.

It's Jess Birken here, and I'm back with my co-host Meghan to dig into a recent IRS policy change that could shake up the nonprofit and political landscape.

Real Listener Question: Not a listener question this time — Meghan brought the heat herself: "Did the IRS really just say churches can endorse political candidates from the pulpit? What does that mean for everyone else?"

This episode covers some breaking nonprofit news (well, as breaking as it gets around here). The IRS just shifted how it interprets the Johnson Amendment — and the result is that churches can now legally endorse candidates if it's "in connection with religious services." That's a big deal, not just for religious orgs, but for how money moves in campaigns and the broader nonprofit world. Meghan and I unpack what this ruling really means, how it might impact campaign finance, and why it feels like the rules suddenly don't apply equally anymore.

What You'll Learn:

• What the Johnson Amendment is and how it used to work
• How a recent court filing changed enforcement for churches
• Why this doesn't apply to other nonprofits
• How this opens the door to new forms of dark money in political campaigns
• Why this matters even if your nonprofit isn't religious
• What the potential downstream effects might be in campaign finance
• Why transparency is the real issue underneath it all

Bottom line: This isn't just about churches. It's about the integrity of the nonprofit sector and the role transparency plays in public trust. If you care about clean campaigns and nonprofit accountability, you should be paying attention.

Resources from this Episode

• Learn more about the IRS changes to the Johnson Amendment: https://www.npr.org/2025/07/08/nx-s1-5460886/irs-now-says-pastors-can-endorse-political-candidates

• Hear our convo about the new IRS commissioner in episode 139: https://birkenlaw.com/charity-therapy-podcast/ct139/

• Previous Episode: What Happens If You Don't Do the Nonprofit Filings?: https://youtu.be/vxSB2wlR9N0?si=lmHHWL_dJU8R6Zia

• Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/07/CT144_Transcript.pdf

Connect with Us

• Jess Birken: https://www.linkedin.com/in/jessbirken/

• Meghan Heitkamp: https://www.linkedin.com/in/meghan-heitkamp-829254115/

Listen & Engage

• Listen on Apple Podcasts | Spotify | YouTube | Amazon Music

• Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review"

• Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story

Stay Connected

• Sign up for the Birken Law Email list: https://birkenlaw.com/signup/

• Follow us on Facebook, Instagram, Twitter

What would you do if you inherited a nonprofit… with 20 years of missing paperwork?

It's Jess Birken here, and I'm back with my co-host Meghan to dig into one of the messiest listener questions yet. A nonprofit has been operating off the radar for decades, and it's time to figure out what happens next.

Real Listener Question: "I just took on the treasurer role for a family nonprofit, but nothing's been filed since 2005. The bank account is still under the name of a deceased board member. I'm wondering if I should just start over with a new nonprofit. Is that even possible?"

This kind of thing happens more often than you'd expect. A well-meaning person takes on a board role and discovers the organization hasn't filed anything in decades. In this episode, Meghan and I unpack what to do when you find yourself in a nonprofit compliance nightmare. We cover how to figure out what kind of legal entity you're actually dealing with, how to protect yourself, and how to decide whether to clean up the mess or start fresh. If you're the one caught holding the bag for a nonprofit with a messy past, this one's for you.

What You'll Learn:

• Why nonprofit compliance is more complicated than for-profit businesses
• How to tell if your organization is really a 501(c)(3)
• What happens when a nonprofit operates without filing for years
• When it makes more sense to start a new organization than try to fix the old one
• Why board training is essential, even for small nonprofits
• What every board member should ask before agreeing to join
• How to stop stressing about the past and start moving forward

Bottom line: If you inherit a messy nonprofit past, you are not alone. You can't fix everything that came before you, but you can take charge today and make sure the future is solid.

Resources from this Episode

• Nonprofit Health Check Up Tool: https://form.jotform.com/jessicabirken/nonprofit-health-check-up
• What Does It Mean To Be A Nonprofit Board Member? Article: https://birkenlaw.com/charity-therapy-podcast/what-does-it-mean-to-be-nonprofit-board-member/
• Previous Episode: What Happens When Your Nonprofit IRS Status Is Revoked: https://birkenlaw.com/charity-therapy-podcast/ct142/
• Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/07/CT143_Transcript.pdf

Connect with Us

• Jess Birken: https://www.linkedin.com/in/jessbirken/
• Meghan Heitkamp: https://www.linkedin.com/in/meghan-heitkamp-829254115/

Listen & Engage

• Listen on Apple Podcasts | Spotify | YouTube | Amazon Music
• Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review"
• Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story

Stay Connected

• Sign up for the Birken Law Email list: https://birkenlaw.com/signup
• Follow us on Facebook, Instagram, Twitter

Your nonprofit's 501(c)(3) status just got revoked – now what? Don't panic! Your organization still exists, but here's what you need to know.

It's Jess Birken here, and I'm back with co-host Meghan to tackle one of the most common (and scary-sounding) nonprofit disasters: losing your tax-exempt status.

Real Listener Question: "Our 501(c)(3) was revoked last year, and we have a community cleanup event coming up. Can we still do this event? Are we open to more liability?"

We're breaking down the biggest misconception about revoked tax status – your nonprofit doesn't disappear when you lose 501(c)(3) status! Plus, we're calling out "Uncle Larry" (you know, that volunteer who promised to handle your 990s for free) and explaining why delegation doesn't absolve board responsibility.

What You'll Learn:

• Why nonprofits lose tax-exempt status – the "three strikes" auto-revocation rule
• What revoked status actually means vs. what people think it means
• Whether you can continue operations and events without 501(c)(3) status
• The real liability risks (spoiler: probably not what you think)
• Why your insurance policies don't automatically change when status is revoked
• Board responsibility for compliance – delegation isn't abdication
• How to move forward without beating yourself up over past mistakes

Bottom line: Losing 501(c)(3) status is like changing your tax filing status from "married" to "single" – you still exist, you just need to get your label back. Remember: This happens to small nonprofits all the time. You're not alone, and it's fixable. Focus on moving forward, not beating yourself up.

Resources from this Episode

• IRS Auto-Revocation Information: https://www.irs.gov/charities-non-profits/automatic-revocation-of-exemption
• Form 990 Filing Requirements: https://www.irs.gov/charities-non-profits/form-990-resources-and-tools
• Previous Episode: Can Trump Revoke Harvard's Tax Status? - https://birkenlaw.com/charity-therapy-podcast/ct138/
• Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/06/CT142_Transcript.pdf

Connect with Us

• Jess Birken: https://www.linkedin.com/in/jessbirken/
• Meghan Heitkamp: https://www.linkedin.com/in/meghan-heitkamp-829254115/

Listen & Engage

• Listen on Apple Podcasts | Spotify | YouTube | Amazon Music
• Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review"
• Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story

Stay Connected

• Sign up for the Birken Law Email list: https://birkenlaw.com/signup/
• Follow us on Facebook, Instagram, Twitter
• Share this episode with fellow board members who need this info!

Nonprofits - how do YOU communicate about the dreaded "overhead" expenses? You know that pie chart everyone uses to show how much money goes directly to programs? Yeah, I want to toss it out the window. We'll talk about why those "eight cents" on the dollar that cover essential administrative expenses are not wasted but actually crucial for keeping your nonprofit running smoothly.

In this episode, we're tackling a nonprofit pro's question about updating an employee handbook. Should you hire a pro bono lawyer who DOESN'T do employment law or invest in an HR expert? Spoiler alert: Your uncle Larry, the PI lawyer, might not be the best fit here. It's all about making smart investments in your nonprofit's operations and HR to avoid headaches down the line. Trust me, you'll thank yourself later when you don't end up in a legal pickle.

So, grab your headphones and join us for a lively chat about transforming how nonprofits communicate their spending to donors. We promise some laughs, a few rants, and a whole lot of practical advice. And remember, it's okay to spend money on things that keep your nonprofit running well! Let's rethink the way we tell our financial stories and embrace the true costs of running an amazing organization.

• Why you need to delete that outdated nonprofit overhead pie chart

• Whether pro bono is the right way to go with your employment law needs

• Some of our recommendations for tools to keep up with all the changing HR rules

• The real relationship between the back-office and your direct mission programming

• How you can REALLY communicate success to your donors

• What your fiduciary duties really have to do with all our worries about "overhead"

Propel Article - A Graphic Re-Visioning of Nonprofit Overhead: https://propelnonprofits.org/blog/a-graphic-re-visioning-of-nonprofit-overhead/

The Five Whys: https://en.wikipedia.org/wiki/Five_whys

Sign up for the Birken Law Email list: https://birkenlaw.com/signup/

Facebook page: https://www.facebook.com/birkenlaw

We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

On this episode of Charity Therapy, we're answering the big question on a LOT of nonprofit leaders' minds - what can the president really do to a nonprofit? We're getting to the answer, but first - remember to take a deep breath and take care of yourself before taking any action for your nonprofit!

There's a lot of fear and uncertainty about what kind of measures the Trump administration could take against nonprofit. It's easy to get lost in the conspiracy theories and "creative" ways to protect your mission. But no longer! Meghan and I break down the legal boundaries and explain why panic-driven decisions aren't the way to go. We're here to debunk myths about the government seizing assets. So, if you're feeling lost in today's nonprofit landscape, join us for a dose of reassurance and a few laughs along the way.

• What powers the president has over individual nonprofits

• What circumstances (if any) that could lead to the government seizing nonprofit assets

• How nonprofit leaders can take care of themselves during times of stress

• Why some of the "creative ideas" to protect your nonprofit aren't a good idea

• A simple and effective step you CAN take right now

Listen to our episode about HR 9495: birkenlaw.com/charity-therapy-podcast/ct132

Sign up for the Birken Law Email list: birkenlaw.com/signup

Facebook page: www.facebook.com/birkenlaw

We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

Welcome to another episode of Charity Therapy, where we tackle the chaos we're all experiencing at the IRS.

In this episode, we're diving into the bewildering world of nonprofit tax exemptions. Imagine the IRS as a maze, and we're here to help you navigate it without losing your mind. We'll unpack why things are moving slower than molasses, from the recent leadership shuffle to the current eight-month wait for tax exemption applications.

Dealing with the IRS isn't anyone's idea of a good time, but we're here to make it less painful. We'll talk about how the revolving door of IRS commissioners is creating an atmosphere of uncertainty for the IRS. But don't worry, we have advice to help you handle these long wait times and the importance of precise tax filings. Remember, you're not alone in this—reach out for professional help if you need it.

Finally, let's share some laughs and commiserate over the IRS adventures we've all faced. We invite you to share your own IRS stories, because who doesn't love a good tale of bureaucratic woe? .

• Why the IRS is taking forever (like eight months!) to process nonprofit tax exemption applications and how this affects you

• The chaotic leadership changes at the IRS

• The scoop on how this IRS turmoil impacts nonprofits and why your tax filings need to be spot-on right now

• Long waits and grumpy calls with the IRS, and why you should get your nonprofit paperwork right the first time

• Tips and tricks to streamline your nonprofit's tax exemption process and minimize stress during these uncertain times

Download my 2025 Survival Guide: https://birkenlaw.com/2025-survival-guide

Sign up for the Birken Law Email list: https://birkenlaw.com/signup/

Facebook page: https://www.facebook.com/birkenlaw

We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

In this episode of Charity Therapy, we're tackling a big question from the headlines - can the President choose whether you get tax exemption? While President Trump may threaten a university like Harvard, what can he actually do?

Meghan and I break down what the President can and cannot do with nonprofits AND what it would like to really lose your tax exemption. Spoiler alert - it's not a quick process! In this episode, we'll bust some myths and give you the lowdown on how these things really work and what to do if you ever find yourself in a sticky situation.

Worried about the political winds shifting against your nonprofit? You're not alone! We're tackling those concerns head-on, especially for organizations whose missions might not sit well with the Trump administration. We've got your back with some solid strategies to stay resilient, like focusing on building strong relationships with donors and staying on top of IRS compliance. Remember, it's not about panicking but being prepared and informed.

The main message is this: don't let fear take the wheel. Whether you're worried about rule changes or just want to make sure your nonprofit is on solid ground, we're here to guide you through it all with a smile and a bit of humor. So tune in, get comfy, and let's navigate these political waters together!

• How the IRS goes about revoking an organization's tax exempt status

• Whether the president can single-handedly revoke a nonprofit's tax status

• What powers the president really has in an executive order over nonprofits

• How nonprofits in hot-button mission areas can prepare to weather the storm of increased scrutiny under this administration

• The important preventative measures every nonprofit should be taking, no matter the political environment

Download my 2025 Survival Guide: https://birkenlaw.com/2025-survival-guide

Sign up for the Birken Law Email list: https://birkenlaw.com/signup/

Facebook page: https://www.facebook.com/birkenlaw

We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

Welcome to this episode of Charity Therapy! I'm Jess Birken, and today we're diving into the wild world of nonprofit leadership.

I've got David Rhode, a super-smart nonprofit coach and author, joining me to give all kinds of advice for nonprofit executive directors. We're tackling a juicy listener question about a micromanaging board member who's causing a bit of a headache. Trust me, we've got some great strategies to share that'll help you balance gratitude with boundary-setting.

Transitioning from a working board to a governing board can feel like trying to solve a Rubik's Cube in the dark, especially when leadership roles are changing. With David's guidance, we explore how to keep board members engaged by giving them roles that match their strengths. Don't worry, we've got tips on keeping things fair and professional, ensuring everyone knows their lane.

And let's not forget the fun twists of gender dynamics and generational differences. David and I chat about the importance of continuous learning and having a support network. Plus, we've got some motivational pep talks for those days when you're just trying to keep your head above water.

Tune in for some personal stories, professional advice, and a few laughs as we empower you to lead with confidence and cultivate a culture of respect in your nonprofit world.

• How to navigate the tricky waters of board dynamics and leadership

• Some no-nonsense tips on how to set boundaries with a board member

• How to transition from a working board to a governing board

• How to step into your role as the boss

• David's advice for building your own support network

• How to stand up and claim your turf (respectfully!)

• What to do when doing the same things over and over again just won't cut it anymore

Buy David's Book, Passion Isn't Enough: https://dotdotorg.com/my-book

Sign up for the Birken Law Email list: https://birkenlaw.com/signup/

Facebook page: https://www.facebook.com/birkenlaw

We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.